(From the November 2008 issue of Claims Magazine)

 The season for spooks and goblins is over. We're headed toward holidays that elicit fears of chubby tummies and clothes that no longer fit, so something at least partly mysterious fits the bill for this month's column.

 In past columns, we've tackled some far scarier topics: dead bodies, bats, rats, and skunks. Still, the "other structure" represents one of the more mysterious issues. At first, it seems straightforward enough. An "other structure" is simply a structure other than the dwelling. But therein lies the rub. What exactly is a structure? Does it have to be a building, or can it be something different? Is it permanent or temporary? 

 Let's start at the beginning. Neither the ISO HO 00 03 nor the AAIS HO 0003 define other structures. ISO refers to other structures while AAIS refers to related private structures, and both must be unattached to the dwelling. Both policies consider a structure unattached if it connects to the dwelling by only a fence, a utility line, or a similar connection. Merriam Webster's Collegiate Dictionary defines a structure as "something (as a building) that is constructed; something arranged in a definite pattern of organization." A building is a usually roofed and walled structure built for permanent use (as for a dwelling). So while a building is a structure, a structure is not necessarily a building. This is where problems begin.

 Unattached garages, sheds, and gazebos are obviously structures. Other than gazebos, all of these have walls and roofs, and, once placed, are seldom — if ever — moved. A gazebo doesn't have walls per se, but it does have a roof and is generally stationary once placed in the yard. That does leave an array of items that are either classified as an "other structure" or as personal property. Swimming pools, swing sets, statuaries, fences, and hot tubs are just a few of the items that can cause confusion.

 An inground swimming pool can be classified easily; it's an "other structure." However, the pools that fall in between the tiny kiddie pools and inground pools are more difficult to categorize. While a kiddie pool tends to kill the grass underneath it, it's easily moveable. In fact, parents routinely transport them home on the roof of the cars, and assuming the pools survived the kids and the dogs through the summer, they go in the basement or garage in the winter. This is personal property. It's portable; it isn't permanently attached to the ground; and is a seasonal item rather than something to be left standing year-round.

 Aboveground pools come in two varieties: those with the metal sides, which the insured assembles at the beginning of the summer; and those that require that sod be removed prior to installation so they can be positioned on level ground. Recently, a subscriber wrote in about just such a pool. The 27-foot aboveground round pool stayed up all year, and the ground was partially excavated for installation. The subscriber wanted to know whether this was an "other structure" or personal property.

 One should note that this is a large structure. The ground has been altered to accommodate the structure. While it's theoretically possible to disassemble the pool, it's not an end-of-the-summer annual procedure. This pool is an "other structure." But what about those old pools with the blue metal walls that the neighbors put up each year? The latter are frame pools, which should be taken down at the end of every season. This type usually contains a drain plug to which a hose can be attached to drain the pool instead of swamping the backyard and the neighbors. If the pool manufacturer designed the pool to be stored every winter and no alterations to the property have been made other than the grass under the pool dies, then it is personal property.

 The important element is whether the pool can be moved on an annual basis. Many frame pool manufacturers advertise that three people can set them up in as little as 20 minutes. However, when the ground needs to be excavated and leveled — and the manufacturer recommends a sand base with paving stones under the columns — that pool becomes an "other structure." It cannot be quickly installed and is therefore a structure that will remain standing at the end of the summer. Again, this is an "other structure." 

 Another area of concern is children's toys such as swing sets, gyms, sandboxes, and so on. As with swimming pools, size and portability are critical factors. Something small that is used indoors or outdoors is personal property. An example is a small seesaw that weighs 19 pounds. Larger swing sets or gyms that require assembly are "other structures." This kind of equipment can weigh between 100 and 1,000 pounds and is thus not generally moved once fixed in place.

More difficulties arise when we start to examine what constitutes a clear space from the dwelling to the structure. We have two similar situations but with different answers. The first is a garage attached to the home by a deck. The deck is not original to the dwelling; the insured added it and securely affixed it to both the house and the garage. The deck is not similar to a fence or utility line, so the presence of the deck makes the now-attached garage part of coverage A.

 The second scenario is similar but altogether different. In this situation, there is a screened-in swimming pool, and the screen is attached to the dwelling. The question presented is whether the pool, because of the screening, is part of coverage A. The answer is no. The screening attaches to the dwelling, not to the pool. Now if the pool is surrounded by concrete and the screen is affixed to the concrete, then the pool is still an "other structure." The screen attaches to the concrete for foundation and support, but that attachment doesn't make the pool part of the dwelling. Even if the concrete for the pool abuts the dwelling, the concrete was poured separately from the foundation and creates a clear space. The screen attached to the house is coverage A, whereas the pool is coverage B.

 In review, a building is always a structure, whereas a structure is not necessarily a building. What differentiates an other structure from personal property is whether the ground is altered to accommodate it; whether the object is attached to the ground; and the portability of the object. Large, heavy, difficult-to-move objects are other structures, while lightweight, easily moved objects are personal property.